ABHAY GOHIL, J. :- Applicant has filed this application under Section 340, Cr.P.C. for a direction that the respondent be prosecuted for perjury for filing false affidavit in the Court and for that necessary direction be issued.

2. The brief facts of the case are that in L.P.A. No. 1/1993, respondent No. 1-Ashok Kumar Gureja was the appellant and on his behalf respondent No. 2-Ashok Kumar Kushwah has filed an affidavit on 3-8-2000 that he came to know that the respondent Gyanchand has expired. He inquired through his Advocate and he came to know about this fact on 1-8-2000, when he went to the office of Raghuveer Singh, it was told that Gyanchand has died. Thereafter Raghuveer Singh wrote a letter to the appellant on his Gwalior address but since he was residing in Delhi, he could not receive the letter. Thereafter respondent No. 2-Ashok Kushwah filed an affidavit in support of his application under Order 22, Rule 4 read with Section 151, IPC, in L.P.A. When the Division Bench was considering the application (I.A. No. 6541/2000), which was filed under Order 22, Rule 4, CPC, it was found that in the reply of the aforesaid application it was categorically stated that in anoth